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MOHAMMED HAMZA MODDIBO v. MISS HADIZA ABDULMALIK

(2016) JELR 41317 (CA)

Court of Appeal  •  CA/K/364/2013  •  22 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ISAIAH OLUFEMI AKEJU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State delivered on the 31st day of January 2013 by Hon. Justice lsa Aliyu.

The facts of the case, by the pleadings and evidence of the Respondent, who was the Plaintiff before the lower Court, is that the Respondent operates a business centre. She offered it to the Appellant for purchase. Both of them agreed at the price of N750,000. The Appellant paid a deposit of N100,000 and subsequently paid the sum of N150,000. He followed this up with a cheque for the balance of N600,000. The cheque was however dishonored. In lieu, the Appellant paid N300,000 promising to pay the balance of N300,000. Rather than pay the balance, the Respondent resorted to threats, subsequently causing her to be arrested and detained until she made the undertaking to refund the part payment of N450,000. She instituted an action before the High Court of Kaduna State for the en…

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